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TERMS AND CONDITIONS OF USE

www.spirulinedesevigne.com

Preamble

  1. You are currently connected to one of the website administered by STÉPHANE MARTIN. This document is intended to inform you about the site and its general conditions of online sales (contract terms).

  2. You should carefully read the provisions that follow, as they constitute an electronic contract establishing the terms of sale of electronic shop SEVIGNE OF SPIRULINE.

  3. Consequently, you can order products and / or services only if you accept all the conditions provided below.

  4. En conséquence, vous ne pouvez commander de produits et/ou de services que si vous acceptez toutes les conditions prévues ci-dessous.

The user (person having the capacity to contract) and SPIRULINE OF SÉVIGNÉ are hereinafter referred to as the "Parties" and individually as "Party".

Définitions

In this contract, each of the expressions mentioned below will have the meaning of the definition, namely:

  1. "Company" :  SPIRULINE DE SEVIGNE

  2. 'Online contract' means any contract for ordering products and / or services concluded between the company (*) and a client (*) as part of a sales or remote service delivery organized by the company (*), which for this contract, exclusively uses the Internet until the conclusion of the contract, including the contract itself.

  3. "Client" means any natural person who, in this contract, is by name or as representative of a legal person and has the right to contract.

  4. "Order": document that indicates the characteristics of the products ordered by the customer (*) and be signed by him "double click" (*) to engage.

  5. "Control" means the act whereby the customer agrees to buy products and / or services and the company (*) to deliver him and / or provide him.

  6. 'Product' property sold or service provided by the company.

  7. "Double click": reiteration of the validation of the order by the customer. A completed order form and validated once is never taken into account without the confirmation of the customer. This confirmation can be done via a checkbox accepting Contractual Terms, or the order confirmation.

Our site  www.spirulinedesevigne.com/en is administered FROM FRANCE by STÉPHANE MARTIN.

Company EARL COLLEU - SPIRULINE OF SÉVIGNÉ

  • Company EARL - Exploitation agricole à responsabilité limitée

  • Capital 83 000,00 € euros

  • Siren 497 688 267

  • SIRET (headquarters) 49768826700010

  • APE Code  0142Z

  • VAT NUMBER FR 73497688267

  • Taux VAT5,5%

  • Adress LIEU DIT LA BARRIÈRE, 35510 CESSON-SEVIGNE, FRANCE

  • email  info@spirulinedesevigne.com

  • The publication director is M. STÉPHANE MARTIN

  • The data controllers are MM. STÉPHANE MARTIN et BERTRAND COLLEU

Object

  1. This contract is an online electronic sales contract which is intended to define the rights and obligations of the parties in connection with the sale of products proposed by MM. STÉPHANE MARTIN BERTRAND and COLLEU. In this sense, it complies with French regulations, namely :

  • Loi 2008-3 du 3 janvier 2008 for the development of competition for consumers.

  • Recommandation n°07-02 of the Commission on unfair terms relating to chattel sale contracts by internet

  • Il est également conforme aux recommandations de l’OCDE dans le domaine du commerce électronique.

Child protection

  1. Our company attaches particular importance to the protection of minors in the context of its business online.

  2. Although minors can act only in cases where the law or usage authorizes them to act alone (art. 389-3 v. Civ.), And this particularly for low value purchases, we consider it essential try by any means to verify that the client has the power to contract.

  3. To this end, it is possible that we ask every customer placing an order on our website to prove its ability to contract in this respect obligations related to Law 78-17 amended. ( Loi 78-17 modifiée.)

  4. In the event that a purchase would be made by a person not having the legal capacity to contract, we recommend legal representatives thereof to cancel the sale by virtue of Article 1305 of the Civil Code.(article 1305 du Code Civil.)

products

  1. The products offered by MM. STÉPHANE MARTIN BERTRAND COLLEU and are presented on the sites in French and English.

  2. Any citizen of the European Community and the countries complying with Directive 95/46 / EC ( directive 95/46/CE ) can not assert its linguistic ignorance as contract cancellation clause.

  3. The products offered for direct sale by MM. STÉPHANE MARTIN BERTRAND and COLLEU are those listed on the site www.spirulinedesevigne.com/en,  the day of consultation by the user, and available in the stocks.

  4. The illustrations on the site reflect the products sold on this one, except in limited cases inherent technical characteristics of the Internet (resolution and screen colors of the Internet ....).

  5. Because of trouble on the Internet, the company does not guarantee the availability on its website of all products in real time.

  6. In the case of temporary or permanent unavailability of a product, the company will notify users via its website or sending a mail to a valid email address provided by the customer.

  7. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or an asset, or to exercise your right of cancellation of your order.

Price

  1. Product prices can be modified at any time by the company, with the exception of any sale of a product concluded for the price listed on www.spirulinedesevigne.com/en.

  2. In case of obvious typographical error, leading to the display of a "low price", the sale may be canceled, comma mentioned in section "Running the command".

  3. The prices mentioned are in Euros (€), pound (£), US dollars ($), presented including VAT and include costs related to order processing.

  4. Les tarifs de livraison sont à la charge du client, sauf clauses contraires stipulées lors du processus de commande. Les différentes options de livraison (accompagnées de leurs tarifs), sont présentées lors du processus de commande et précisées lors du récapitulatif de celui-ci.

  5. Different delivery options (and their prices) are presented in the order process and specified in the summary of it.Payment of the full price must be made on or before delivery of the products unless otherwise specified during the order process and mentioned on the invoice.

  6. In the event of delivery of products outside the French territory, customs duties and formalities are the sole responsibility of the Customer, unless otherwise stated. The Customer undertakes to check the possibility of importing the products ordered under the territory of the country of delivery.

Ordering and Payment

  1. Any order signed by the Client "double click" constitutes an irrevocable acceptance which can be challenged only in the cases provided for in this contract in sections "Right of withdrawal" and "Execution of the order."

  2. Any agreement of a quote sent by mail to the customer and sent to MM. STÉPHANE MARTIN BERTRAND and COLLEU with an explicit agreement also constitutes an irrevocable acceptance.

  3. The ordering process is in accordance with the provisions of Article 1369-5 of the Civil Code.( article 1369-5 du Code Civil.)

  • Any internet user wishing to complete their purchase must identify themselves by completing the appropriate form provided on www.spirulinedesevigne.com This identification is done in strict compliance with Law 78-17 amended ( Loi 78-17 modifiée) as set out in our "Data protection".

  • After checking the contents of the order, and the total cost of it (ordered products, shipping charges, any eco-contribution, optional extras), and corrected for errors, the user will confirm the final. This confirmation will be worth conclusion of the contract.

  • Contractual information will be subject to a confirmation email sent to the customer at the latest at the end of the withdrawal period and subject to the provision by the client of a valid email address, not subject to restriction of use (professional email address). In this case, the company can not be held responsible for sending contractual information and / or advertising to an email address with restricted access.

order

  1. To set the order, the customer has his choice of all the payment methods listed in the order process and presented on the company website.

  2. It guarantees that the company has the required permission to use the payment method chosen by him, while validating the order.

  3. In the case of payment by credit card, he will transmit his credit card number, depending on the type of the latter, the expiration date thereof and the security code (3 digit number on the back of the Bank card).

  4. MM. STÉPHANE MARTIN and BERTRAND COLLEU ensure that payment is secured by encryption S.S.L. (Secure Socket Layer) to protect more efficiently all the data related to payment.

  5. The company guarantees that the means and cryptology services used for secure transactions were the subject of an authorization or a declaration under the legislation.

  6. When paying by card, the provisions relating to the fraudulent use of payment method provided for in the agreements between the Customer and the card issuer and between the company and its banking institutions apply, in accordance with Article 132-4 of the French Monetary and Financial Code. (article 132-4 du Code Monétaire et Financier.)

  7. If the only method of payment is a payment by credit card, the final validation of the order comes from full payment (except special provisions).

Delivery

Delivery time
  1. The company guarantees that the deliveries will be made according to the conditions guaranteed by transport providers (except in cases of force majeure under the case law), and listed on the www.spirulinedesevigne.com/en site, or during the ordering process.

  2. In the case of a delay in delivery, please notify the company by contacting the customer service or by sending an email to info@spirulinedesevigne.com. If the delay exceeds 7 days the delivery date during the order process, you can proceed to the resolution thereof in the manner indicated in the article "Right of Rescission".

  3. Colissimo :

    1. Starting from the assumption by the Post Office, you are delivered to your home within 48 hours (working days for shipments in mainland France, Corsica and Monaco), subject to hours deposit limits.

    2. In case of absence or delivery of your package of impossibility (no guard, ...), your package postman leaves a notice giving the date and address of the post office where you can collect your parcel on presentation of an ID.

  4. IMPORTANT

As of the date mentioned on the notice of passage, you have 15 days to collect your parcel. After this period, it will be automatically returned to its sender. You can read all the conditions relating to the Colissimo service here.

Incomplete delivery or non-compliant (due to carrier)
  1. It may be that the package is damaged when the content thereof has been partially or completely stolen.

  2. If you see such an error, please include the carrier form and reject the product returning it to us accompanied by a report 170 says "damage report".

  3. If you become aware of this error after the departure of the carrier, please report it by mail to  info@spirulinedesevigne.com ou par téléphone dans un délai maximum de 72h ouvrables suivant la réception de la commande.

  4. Related to Article 133-3 of the Commercial Code, ('article 133-3 du Code du Commerce), please send your imperative protest motivated by recorded delivery to the carrier, and within three days (not including holidays).

Incomplete delivery or non-compliant (due to the company)
  1. Despite the care taken in preparing orders, it may be that a product is missing from it, or that an error occurred during the preparation.

  2. If you see such an error, please report it at the earliest and if possible within 72 hours after receiving the order. This notification may be by email to  info@spirulinedesevigne.com.

lost parcel
  1. If a package is lost by one of our carriers providers, please inform us as soon as possible.

  2. The company will make an investigation with the concerned services.

retraction rights

  1. In accordance with Article L121-16 and L121-20 of the Consumer Code, ('article L121-16 et 121-20 du Code de la Consommation),  the customer has a period of seven (7) days to exercise his right of withdrawal. This period starts from the receipt of the order by the customer.

  2. To facilitate the processing of his return, the customer can contact the company by mail to get a return number before forwarding. This condition does not result in the cancellation of the right of retraction.

  3. The return postage will remain the full responsibility of the customer.

  4. Products must be returned complete, in a state for their remarketing.

  5. It is also recommended that the products are returned in their original packaging, on terms with similar shipping guarantees to those defined in the initial shipment of products.

  6. You are reminded that this right of retraction may be exercised for customized products.

Right of rescission

  1. In accordance with Article L. 121-20-3 of the Consumer Code, (article L. 121-20-3 du code de la consommation),  we will tell you, when you order,  the maximum delivery date.

  2. In the case of exceeding 7 working days from the date of delivery (excluding force majeure within the meaning of the Act), you will have the ability to pronounce the resolution of your order by registered letter with receipt of delivery within 60 days from the initial date of delivery. In this case, we will refund the full amount paid (excluding any return costs), and this within a period of 30 days following receipt.

Execution of the order

  1. The company reserves the right to refuse the order for a "legitimate reason" (as defined by case law), including (but not limited to) in case of unavailability, failure to execute the service, abusive customer demand, of presumption of impossibility for the client to contract or a clear intention for the client to harm society.

  2. The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the customer. In the case of a difference of interpretation between "low" and "dirt cheap" for the price listed on the website at the time of the customer's order, it may request the intervention of a third party, as provided for in section "applicable Law".

  3. The order will be executed no later than within a period not exceeding 7 days of date of delivery of the product or service mentioned in the order subject to acceptance thereof by the company.

  4. For the deadlines about various types of services (customization ...), please contact us.

  5. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address specified by the customer when ordering.

Guarantee

contract Security
  1. The customer benefits from a contractual guarantee on the products supplied by the company.

  2. This warranty is available on www.spirulinedesevigne.com/en and duration varies according to the category of products ordered.

  3. Additional guarantees services can be offered depending on the products ordered. Their scope and pricing will be specified during the order process.

legal guarantee
  1. In accordance with Articles L 211-4 and following of the Consumer Code and Articles 1641 and 1648 of the Civil Code, ( articles L 211-4 et suivants du Code de la consommationarticles 1641 et 1648 du Code Civil,) the user also benefits from a guarantee allowing him to return defective products delivered

  2. Article L211-4 of the Consumer Code (Article L211-4 code de la consommation) : The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.

  3. Article L211-5 of the Consumer Code (Article L211-5 code de la consommation) : To conform to the contract, the product must :

    1. Be fit for the purpose usually associated with such a product and, if applicable :

      1. match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;

      2. The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

    2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

  4. Article L211-12 of the Consumer Code (Article L211-12 code de la consommation) : Action resulting from lack of conformity lapses two years after delivery of the goods.

  5. Article 1641 of the Civil Code (Article 1641 code civil ) : The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquired, or would have paid a lower price if he had known.

  6. Article 1648 al 1st Civil Code (Article 1648 al 1er code civil) : The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.

Responsibility

  1. MM. STÉPHANE MARTIN and BERTRAND COLLEU are responsible for the proper performance of obligations under the contract concluded at a distance, that these obligations are to be performed by themselves or by subcontractors, without prejudice to its right of recourse against them.

  2. MM. STÉPHANE MARTIN and BERTRAND COLLEU can not be held responsible for the breach of contract following the occurrence of a force majeure event (as defined under the Act) and particularly in case of total or partial strike of postal services , carriers, and disasters caused by floods or fires. This limit also applies to the said contract-breach because, unpredictable and insurmountable a third party unconnected with the provision of benefits provided.

  3. Regarding products purchased to meet the business needs, MM. STÉPHANE MARTIN and BERTRAND COLLEU are not be liable for all damages because of this, business interruption, loss of profit, damage or expense that might arise.

  4. The selection and purchase of a product or service are under the sole responsibility of the customer.

  5. The total or partial inability to use such products due to incompatibility of equipment can give rise to any compensation, reimbursement or questioning the responsibility of Messrs. STÉPHANE MARTIN and BERTRAND COLLEU, except in the case of a hidden defect found, non-conformity, defect or exercise the right of retraction.

Personally Identifiable information

  1. The information requested from the Customer is required to process the order and will be communicated to partners of the company (accounting, legal ....). They can also be transmitted to any competent authority to settle disputes between the company and one of its clients.

  2. The customer can see in our "data protection", features personal data treatments used via www.spirulinedesevigne.com/en.

  3. The client can also exercise their rights of access, rectification, opposition according to the terms described under the headings "Data Protection" and "legal notice" of society.

"Double-Click" and evidence

  1. The "double click" associated with the authentication and non-repudiation of the customer when ordering and acceptance of these Terms of Contract is validation of the order and conclusion of the contract pursuant to Article 1369 -5 of the Civil Code. (article 1369-5 du Code Civil.)

  2. The records stored on company servers and on the servers of its banks, will be considered as rebuttable presumptions (rebuttable) communications, orders and payments between the parties.

  3. In the case of outsourcing customer service, the company is committed to prevent their partner for the implementation of this service, such registration, including through a "service improvement ".

Preservation and archiving of documents

  1. The archiving of transaction data is made on a reliable and durable support, pursuant to Article 1348 of the French Civil Code. (article 1348 du Code civil Français.)

  2. It is conducted in accordance with standard AFNOR Z 42-013 for the design and operation of computer systems to ensure the conservation and integrity of records stored in these systems.

Entire Agreement

  1. These terms represent all obligations of the parties.

  2. No general or specific condition communicated by the customer may be incorporated to these terms, except by prior agreement between the parties prior to the conclusion of the contract.

  3. The fact that the company not to claim a breach by the Customer to any of the obligations set forth herein, shall be construed for the future as a waiver of the requirement involved.

  4. The company reserves the right to adapt or modify at any time these contract terms.

  5. If modified, it will be applied to each order the Contractual Terms in effect at the date of the order.

  6. The company will also maintain on its servers every time-stamped versions of the Contractual Conditions.

Retention of title

  1. The products delivered to the customer remain property of the company until the contract has not been executed in full. By cons, risk transfer takes effect upon the delivery of the products and / or services ordered on the electronic store.

  2. The documents provided to the customer are governed by the Code of Intellectual Property. So they remain the property of the company.

  3. It is forbidden to reproduce, transfer, or use materials provided without the consent of the company.

Applicable law

  1. This contract is subject to French law, in accordance with European directives.

  2. This is true for both substantive rules for the rules of form. In case of dispute, the companies will favor the settlement.

  3. This search for amicable solution does not interrupt the deadlines to act as collateral.

  4. Otherwise, in accordance with Articles 46 to 48 of NCPC ( articles 46 à 48 du NCPC ), the French courts will have jurisdiction.